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PublishAmerica Faces Lawsuit

Publishers Weekly reported on Tuesday that controversial company PublishAmerica is facing a new lawsuit. As reporter Steven Zeitchik wrote, “though this time it has upset someone with a lot more clout–and lawyers–than unknown authors.” The Maryland-based publisher launched a new business division in the United Kingdom called PublishBritannica which incurred the wrath of Encyclopaedia Britannica. The encyclopedia company’s suit alleged the use of the name could lead to confusion amongst consumers. The encylcopedia company wants the publisher to stop all usage as well as pay damages and and forfeit profits that resulted from the use of the name.

Publishers Weekly pointed out in their article that “A quick trip to the Web site PublishBritannica.com show a quirk–all references to the imprint are now made as PublishBritannia. The complaint refers to all of them as PublishBritannica, avec ‘C,’ leaving open the possibility that the company has changed the name–but not the URL–in response to the suit.”

  • eva stokes

    I an author who wants to sue PublishAmerica too – my book came out in September, but they claim the release date is in November so they don’t have to pay me for the books sold in the first 2 months. Their editor added mistakes to the manuscript so I would have to pay for changes. Anyone I can talk to about this? Or should I just call a lawyer?

  • http://www.roxannesackville.com Roxanne Sackville

    I, as well, would like information on how to begin a lawsuit against this company. My contract with tme was cancelled June 2007 and in October 2007 they sold copies of my novel. How many have been sold as of June, I am unaware and am desperately trying to find this answer. Someone please help me.

  • http://www.markcater.com mark cater

    In a court of law, once the contract is “signed” by u, there`s not much you can do about anything -even in a court of law. The signature represents a “commitment” between you and the company, regardless of flub-ups. PA is in fact a very good company to go with if your into POD publishers (which they deny-but in fact are), make a “compilation” and begin working on normal routes…basically you as well as I fell for the old “work for hire” bit. and you get paid tidily-shit.

    About the only thing anyone can really sue a corp like this, is if you are another court or sue them on the grounds of no opt-out, in the contract.

    wa,wa,waaaaa….too bad about your problems…

  • http://www.newmillguitar.com Larry Cooperman

    Traditional Publisher is basically crap. They are not traditional in any way. This is deceptive and harms those of us who want to do literature. It is also a guilt by association. They never tell you that nobody will review you book. PA is great for grandmothers who want to leave a memoirs for their children but for a first-time serious literary author it can be very harmful. DECEPTION, and the guy posting . . . “To bad about your problems” he can say whatever he wants and not address deception but PA is all about deception. It is a vanity press regardless of what the deceptive appearance is. I am rign now, asking for my contract to be null and void. I will make it my business to expose them and they should avoid literary works. For those of you reading this that may not be an author or one writing a memoirs, you may not understand how it is like selling a child into slavery but I am sunk by them and they have spread their sick reputation onto my novel and I am sick to death of their propaganda and lies.

  • Don Davidson

    Unfortunately, I found out the truth about PublishAmerica after I had signed the contract. Fortunately, I found out before they got any of my money or that of my friends and family. I do get regular solicitations from them, inviting me to buy my own book, but they have done nothing to try to get anyone else to buy my book. I am saving everything, building a case that I hope will eventually get me out of the contract based on breach of contract. I may even see if I can get a lawyer interested in a class action lawsuit of some kind. If you would like to be part of a lawsuit like that, email me at donatty@flash.net. (I can’t make any promises or guarantees, though.)

  • Eva Stokes

    On top of everything else: a friend of mine told me that PublishAmerica is selling “used” copies of my book online for up to $70.00 a copy and “signed” copies also. The only copies I ever signed were for family and personal friends. Yet an acquaintance who purchased a “signed” copy did indeed get one. I never signed that book. Looking into the book’s history, as I mentioned before they misrepresented the release date and did not pay me royalties for the 1st 2 months when the book was out – typically when many are sold because people are anticipating it. But besides that, also in November (when the book was new) they wre already selling “used” copies on Amazon – when there weren’t any. I am absolutely disgusted by this company and the lawmakers who make this criminal behavior possible. And then they have the gall to taunt their authors by offering to “frame” our miniscule royalty checks for a fee of $20.
    I am also interested in kicking some ass, here!

  • Penny

    For other authors who have been screwed out of royalties by PA, you can track at least a portion of your book sales by calling Ingram’s Data Base at 615-213-6803–enter your ISBN followed by the # sign, then choose the proper number when prompted.
    I did this over a month ago, just to see how my sales had gone in bookstores. Well, was I surprised today when my royalties check accounted for only a fraction of the numbers Ingram’s had given. And…there were no returns, so PA can’t say that’s the cause.
    Anyone who wants to file a class-action, I’m with you! This is wrong, wrong, beyond wrong! They owe me and many other authors more money than we’ve received. Even if I have to pay to retrieve my real sales numbers, I will. It’s the principle of it!

  • Justin Levesque

    I am a first time author through PA and I am also an actor on Youtube. My book was released in September of 2008 and I told all my fans about it. As of December 20th 2008 I had signed about 7 copies of my book and was present when at least 3 people order it from Barnes N Noble.com, not to mention the many Youtube video book reviews people sent me showing they had my book. As I just recieved my first royalty check I find myself in the same situation. My royalty check was for $11.18 and says that although my book at retail price is selling for 24.95, I have only sold 8 books and all happened to be at the sale price of 17.95…a price that only PA’s website offers. And to top it all off they only paid out at 8% per book. I have gotten my sales reports for the timeline they are saying it was for from Banres N Noble and Target.com and I have all of my fans who have their receipts sending them to me showing date of purchase. Bottom line here people is that this type of company thrives on finding desperate people, people who don’t understand what they are getting into and then they use their contracts to bind them into a losing battle. They don’t feel that we are the types of people who can afford lawyers, but given the fact I reach over 8,500 people worldwide on a daily basis and that I have the power of the internet on my hand, you can bet that I will be broadcasting to the world what kind of company this really is and that my lawyers will have all documentation to actually win a case against them. Like one of the others said, it is the principle! I never expected to make millions off of my novel but I do (and should) expect to get my rightful share of the royalties promised to me in my contract and so should all of you! On a final note I am also having my lawyers investigate another thing that maybe you should be aware of. A month after I was published, PA also published another Justin Levesque. Now I know I am not the only one out there but given the number of people I reach and how many say they bought my book when first announced, I find it odd that another person with such an unusual name would have gone to their company with a finished book and got it published right after a majority of my sales went through. Keep an eye out for this as they may be using your name to maximize their own profits. Feel free to contact me on youtube with any questions. http://www.youtube.com/ohandthisjustin

  • Rochell Isom

    Please add my name to the class action suit.
    Thank GOD!!!!!!!!!

  • Rochell Isom

    Please add my name to the class action suit.
    Thank GOD!!!!!!!!!
    1jesuslove@att.net

  • Rosa Gallaghan

    Hello,
    Thanks Justin, I will be emailing you soon. PA just totally screwed over a good friend of mine. They should not be able to get away with this. If you are starting a class action law suit, please let us know. They are trying to say that Randall hasn’t sold any books at all, so no royalties. I want to know how come I have one, with the receipt, sitting on my table right now! They should not be allowed to get away with this. Thank you!
    Sincerely,
    Rosa Gallaghan
    beatlesgeorge9@yahoo.com

  • Melissa Yahne

    I have just signed a contract with Publish America and then I found out. I’m so upset and am looking for others to come together in order to bring against a lawsuit. I’m going into law as a Paralegal and I don’t want PA to con more new authors into something that seems to be misleading. If anyone’s out their and is interested, please.

  • Willie Banks

    I am a first time author who has received a contract from PA. I have not signed the contract yet. I would like some feed-back from anyone who has dealt with PA. I’m trying not to make a bad mistake. Any suggestions for a good publishing company?

  • Paul Berube

    I am currently publishing my fourth book through Publish America. I have always questioned whether or not I have been receiving the correct royalties from the sales of my first three books. Now they are giving me a hard time with the cover for my fourth book and I will not allow them to play games with it. If they publish it the way it is I am planning a lawsuit against them for breach of contract. I am a first year law student and have talked to my instructors regarding this also. They tell me we have an excellent case against them. If you have had a problem with Publish America and are interested in joining in a class action suit against them, please contact me through my email address at TrailsEndNH@aol.com.

  • Anonymous For Now

    I published a book back in May 2009 through Publish America. They set the price so high that none of the bookstores I approached for a signing would stock it. I have had several great reviews of the book, which I will leave unnamed at this time. It is tied up for 7 years with their standard contract.
    Here is why I’m gathering information. Since publishing my book, which was completely original in theme, characters, etc…, those same themes are now in the latest books by some very noted authors. Almost word for word, character for character in the same genre of Fiction Novel.
    Is Publish America locking up new authors hard work in contracts and overpricing, then selling the scripts to authors for dissemination?
    I think I have evidence that they are.
    I will be following this blog to see if anyone else has experienced this same phenomenon.
    I have accrued a lawyer over literary works and I fully intend to rip a hole in them.

  • http://www.spellsandrites.com Cindy Kueczynski

    Publish America is still printing my book way after I got out of that stupid contract. I monitor the internet for copies being offered and Amazon Uk just recently listed more of my book for sale. I don’t understand how Publish America can sell my work still……….and not pay me one penny ? Hound them every time you have the time, keep on Publish America , call them , email them and spread the word about them. They pay only 84 cents to the author per copy sold, and they are so poor that they can not even pay that. Thank the GODDESS I have a new Publisher, with new sub titles and new covers and my books will be treated with respect instead of the babies at Publish America. I have filed complaints every where and if everyone emails Bill O’Reily from Fox news maybe he will put them out of business. All they had to do is pay us for copies sold and stop lieing and cheating the IRS AND US.

    DONT BUY ANYTHING FROM PUBLISH AMERICA AND DONT SIGN YOUR LIFE AWAY WITH THEIR CONTRACTS.
    MY WORK SOLD AND I WAS VERY POORLY TOSSED A SIDE AS THEY GOT MONEY OFF MY WORK………………..PUBLISH AMERICA IS A JOKE !! They can take a dream and ruin it ………….They told me that they havE NO WAY of keeping track of sales—————so how come Nielson Ratings Can ?

  • barbara

    I would like to be part of lawsuit.

  • susana contrera

    Hi
    i’m writting you because i published a book with
    Publishamerica, and after reading your blog at Google, i’m just learning that i’m not the only one that has been scam. I’m from Venezuela, and this is my first book, so i was very excited to know that it was going to be published. After publishing my book with Publishamerica, i suffered a nervous breakdown, i got very sick, so i could not market my book, i thought that they was going to do that for me, anyway i did not complain, when they send me six dollars as my royalties, i blame myself, for not being active in the marketing, and at the time, my only concern was my health. time started to pass, and thank God i started to feel better, so i decided to search more about my book, i went to bookfinder.com and realized that my book was in all kind of international websites all over the world, for an unbelievable, expensive price. i ask them to explain that, and they said that they have no control over their buyers, and that they can not tell me who they selling my book to. Anyway, i did not take any legal action, because again, i was still concern about my health, and i’m not into the sueing stuff, i really believe in comunication, so i wrote them and ask them to stop my contract, they send me some sort of explanation, that at the end i just say to my self, let me start marketing my book on my own, thank God i feeling better than ever, and with more energy” so i started the marketing process for my book, because i know that my book will sell itself. so i write them asking them for help, they never reply, so i start to look for information on my own, until i decided to set up my website, and sell my book on my website, then when calling Publishamerica customer service, the gentleman who answer me was so rude, and disrecpectfull, i did not know that they was to treat their author with so much disrespect, or if this was an isolated case, because they know that i’m latino, but the treatment was horrible, they kill my enthusiasm right away, the gentleman was yelling at me, and he almost hang up the phone when i ask him for more information, this was so bad, that i’m deciding to take some legal matter for discrimination, they never help me sell my book, they never provide me with any information, they selling me my own book for a price that is unreasonable, and now they treating me like if i’m bothering them, and they still don’t want to stop the contract, i just writting you for some legal advice, i’m not interested in any money from them, i just want them to stop the contract, because in no place of the contract said that i was going to be treated with discriminaltion and disrespect. I really will appreciate any advice.
    Thank you for your help.

  • Eva Stokes

    I have another book ready to publish, can anyone recommend a legit publisher? After all we’ve been thru with PA….I don’t even want to deal with that again.

  • Linda Ehle-Callens

    Granted there are books published by PA which should never see the light of day. But there are many that are viable works. My book was published in 2005. A few months laterI complained about PA’s practices and they “released” me from my contract (via letter) and said the book would no longer be available. I own the copyright. I recently discovered that my book (Beyond The Bridge – The Compelling Story Of A Reunion) is for sale on several internet sights. I’m glad it’s still out there, but I’ve received no royalty checks. I’m sure you’ve heard this story many times over. So, how can we collectively rectify this situation?

  • Ella

    I made a really stupid mistake. i published with PA twice. The first time in 2007. It was my first novel and I didn’t really have any issues with them. I was new to it all so didn’t really know what was “supposed” to happen. It went OK and my novel was released. Even though I wasn’t making any money because of their ridiculous book prices, I didn’t have any problems with them. When they offered to publish my second book, I stupidly accepted. I don’t know what I was thinking. This has been the worst experience ever. I’ve had nothing but problems this time around and it all started as soon as i signed my contract. I had to pay for changes after they gave me 48 hours to check through everything and if I didn’t get back to them they would print it anyway. They declined my front cover suggestion saying that it could only be accepted if I pay $50 for it . I paid, their front covers are ghastly and are just stock images pulled off the internet. I wanted something more artistic and the first book, they accepted my cover with no qualms or fees.

    They didn’t even tell me when my new novel was going to be released, I had no idea it was even available until I check on Amazon. When I logged onto Amazon.co.uk, I noticed that my book was being sold for £27.95! Which happened to be the dollar price, someone had made an error and informed the UK distributors the price without converting it to sterling pounds! So now, my novel is almost £30 and NO ONE will purchase a novel at this price, especially since most books in my genre are a maximum of £6.99 paperback!
    I hounded them and hounded them to change this, It had been a month since it’s release and still nothing! I contacted the distributors who told me they could only deal with PA. I ran around in circles until today, when I phoned and the ladies I’d been dealing with inform me quite frankly that PublishAmerica refuse to change the UK price!! That it will remain £27.95! It makes no sense. I asked them why, what I was supposed to do and if I could speak with anyone higher up the chain. They said they didn’t know and that they didn’t know what I should do either, that there was no one else I could speak to. Goodbye. I was so upset that I burst into tears on the phone, the rigmarole of going back and forth trying to deal with this problem had really taken its toll on me. I’ve recontacted the UK Distributors and emailed a litigator, for now… I wait… I could kick myself for thinking that it would all be OK. It seems I’m going to be paying for their price mistake in more ways than one. I have no idea how much Lawyers charge.

    Does anyone have any advice for me? I’d really appreciate it. Do you think i’ll be able to get out of the contract… The only thing it says in the contract about book pricing is that they can set it to what they see fit – but this is another story and as I am from the UK (living in US) the best place to start promoting your book is at home, where your family, friends and community support you. Asking them to part with almost £30 for a book is a little too much to ask anyone.

    Gutted.

  • Debra Kamza

    I am yet another burned Publish America author. They advertised themselves as a “Traditional Royalty-paying publisher” that sold books in “real brick and mortar book stores.”

    Not having any knowledge or experience to believe otherwise, I signed my first book contract with them on 10-9-2002. It was a memoir, Lost in Foreign Passions, and I’d been unable to find an agent for it because of its then politically sensitive nature. It was exciting and encouraging to have found a”real” publisher for it despite that.

    But Publish America was not a “real” publisher. They lied. They were only print on demand and their books were unreturnable so “real brick and mortar book stores” were reluctant to carry them. Worse, they overpriced the book, expected me to do all of my own marketing (even though the contract itself indicated that the marketing was their job), and both under reported and sometimes failed to report or pay royalties.

    Publish America has been guilty of breaching its every contract to its authors (not something I knew when I signed up due to false advertising) and makes them for 7 years, refusing to let most authors out. I was lucky to get out after 5 years and have my rights returned to me.

    However, they are still publishing and selling my book under the name I wrote it under, under my present legal name, under past legal names (all of which endanger me as an apostate from Islam) and also under the name of some guy named Jame Becher (see: http://www.ecampus.com/bk_detail.asp?isbn=9781592862665) though the name I wrote it under, Debra Kamza, is still on the cover. This is without right or permission. Copyright infringement.

    I’ve asked them to stop, but Publish America says Lightingsource (their printer) did and Lighteningsource says Publish America did it, but it doesn’t stop. I get none of the royalties either and I figure they owe me quite a lot.

    Meanwhile, the my association with them and the fact that that they’re still publishing my book without my permission defames me to other would be publishers of Lost in Foreign Passions and other writings I’m working on.

    See the scivvy on Publish America at http://www.anotherealm.com/prededitors/pebpublisham.htm.

    I know that PA has settled with individual authors who’ve taken action against them and they are still in business playing the same old tricks on new authors. Last I heard, there were over 1400 victims… like you, like me. So the only way to really get them to stop is to tackle them with a class action suit, or sic the FBI or AG or both on them and the only way to do any of those is to approach it as a group, a whole list of us and our common complaints.

    I hope you’ll forgive my saying so, but I think it would be far more effective than simply staging a book burning. Besides, I couldn’t do that. Books are too precious to me. I’d much rather burn Publish America itself.

    Please email me ampbreia@live.com if you’d like to participate in this endeavor.

    By the way, it’s all very well to inform other would-be authors on the damages inherrent in going with Publish America by complaining about it all over the internet. It helps. It does. But if you’d like to contribute to a class action suit, AG complaint, or FBI investigation against them – all of which are eminently possible – you will have to provide contact information along with your complaints.

    Don’t worry about being harrassed by Publish America as a result. Anything they say or do can be used against them in a court of law. Think about that.

  • A fellow PublishAmerica Mourner

    I feel so sorry for all the people duped by PublishAmerica’s false advertising.
    But more important, if we can warn one person and have them listen and save them endless hours of regret then this will not be a waste of time.

    Please don’t use PA.
    * Your book will never be stocked in any mainstream bookstore, unless you buy the books from PA and do a consignment sale.
    Most mainstream bookstores are forced to buy through Ingrams to minimize collateral damage from overstock and returns, but there is no discount to Ingrams from PA, nor through Ingrams to these bookstores.
    Hence: Retail price + shipping + the bookstore margin = No book stocked.
    * Your book will be so overpriced that no one in their right mind other than loving family and friends will purchase it.
    * PA will push sales to you, the author, at “sale” prices with huge shipping fees. There are no returns, even for damaged goods.
    * No effort will be made to market your book on PA’s part except to an email list that you are asked to provide to them and a one page “Press Release” that is so benign that a 7th grader could have written it.
    * You will not get any email support promised -you will be ignored.
    * Their editors will inject errors into your work and publish it uncorrected.
    * You will be trapped for seven years of contract.
    * You will receive a $1 advance instead of the statistical three or four digit remuneration for an unknown or new author.
    * Royalties are understated and ridiculous. My first Royalty was under $5 despite confirmed sales by associates (they have my book) as well as used books on amazon..
    * This could be a full page post, but that would be rude and inconsiderate to the blog.

    You will be better off using a self publish house than using PublishAmerica.
    Get a quality agent, do your homework, submit, submit, submit your manuscript.

    I pray for the other multitude of duped authors and their lost dreams.

    But don’t take my word for any of this…
    Google this – “publishamerica complaints”

  • Debra Kamza

    We need to be organized if we are to make a collective presentation to legal representatives or authorities. Other than an attorney – which may not be a profitable enough venture for and cost us too much besides – I was thinking Adjutant General, FBI, a class action lawsuit, or all three.

    If you wish to participate in such, I have compiled a list of known complaints about Publish America. Please answer yes or no and provide any requested details as they apply to you and add to the list anything not covered that you’ve also experienced:

    1. Are there any iscrepancies between site advertisements & actual contract?

    2. Are there any breaches of contract? Briefly describe them.

    3. Did your book make it to “brick & mortar bookstores?” as implied by the website?

    4. Was shoddy editing accepted?

    5. Was the workmanship shoddy (cover, print job, binding)?

    6. Customer / author services unsatisfactory (questions not answered, problems unresolved, snippy attitude of representatives/contacts)?

    7. Book overpriced?

    8. Book under marketed?

    9. Do you have reason to suspect royalties under reported?

    10. Do you have reason to suspect royalties not reported?

    11. Are sales statistics on your book accessible to you?

    12. Has your book been advertised for sale under some other name than what you wrote it under? What Name(s)? Provide links & take screenshots to keep in your records in case requested.

    13. Were you ever asked to buy your own book (either by suggestion or actual pressure)?

    14. We you ever asked to give publisher a list of people to announce / offer your book to?

    15. Did you have any difficulty getting out of the contract when you wanted out?

    16. Did you find your book continuing to be sold by PA or 3rd parties AFTER the contract ended & your rights were returned to you? Provide links.

    17. Did you ever find the publishing credit attributed to any other than Publish America either before or after the contract end & without your specifically given approval? What publisher was it credited to? Take screen shots & provide links.

    Please also provide your name, contact information, book name, & pen name written under if different from your legal name or the one you wish to be known at present.

  • Debra Kamza

    Sorry. Please email your responses to me at ampbreia@live.com so I can chart them for presentation.

  • William Bonin

    The computation of my royalty payment is based on a price that is less than the book price. I have asked for an explanation several times and have received no response. Has anyone had a similar experience?

  • lynette s

    I am very thankful for all the post. I am a new author and was about to go through p a. based on all the post and complaints, i will not be sending or signing ANYTHING with pa. Yes getting my book published is a dream but it looks like all that pa is offering is a nightmare. THANKS TO ALL!!

  • Naomi Wood (SNOW)

    I’m unhappy with how Publish America decided to rob me of my royalties. I’m planning on investigating them even further than what I already have. That Ingrams number I have tried and it is no longer in service. If anyone is having an issue with this company please email me so I can have a petition going along with the complaints that follow. I’m looking into an attorney to represent me. The more involved the better. Thanks for your time reading this. I hope I can be of help.

  • Hopeful

    Here is the email address to the office of consumer affairs of Maryland
    The Attorney Generals Office:
    consumer@oag.state.md.us

    Contact them with a SHORT itemized list of grievances with PA. Let them know that they have breached contract and be prepared to prove it.

    PublishAmerica has already changed their online FAQ page to reflect that books will not appear in bookstores. It’s all changed in the last few weeks.

    You may not need to file a lawsuit if we all petition at the same time.

    PA Information:

    PublishAmerica LLLP
    P.O. Box 151
    Frederick, MD 21705
    (301) 695-1707
    (publishamerica.com)

    Good luck.

  • Sylvia Griffin

    I have been trying to get out of my contract signed September 15, 2000 with AmErica House. Nowhere is Publish America listed, yet Publish America will not release me from my contract which gives AmErica House lifetime rights to my book and 50% of the profits. From the almost non-existent royalties I have received over these 9 years my book is definitely unsaleable by industry standards. If there is a class law suite out there, let me know so that I can determine if it will be cheaper than my own lawyer. Since they still want my book so desparately, they must have made good money on it. I should have at least had 50% of their profits.

  • April Knightq

    I am outraged at this company! Today is the last straw for me, myself and several other authors in my area that signed on with Publish America cannot have a book signing tomorrow because the Barnes and Noble in our area cannot be reached for her to purchase books that I know, I was told were going to be carried in that store. I am looking for an attorney unless someone contacts me!

  • Re-Screwed

    Hello Mourner, Debra and Hopeful,

    I sent mail/email to the office of the Attorney General in Maryland.

    Here was the response for all to see – Read and weep:

    We have reviewed the facts stated in your complaint and it has been placed in our files as a matter of public record.

    The Consumer Protection Division generally handles complaints arising out of transactions between a consumer and a business. We sympathize with you in this situation but because your complaint involves a transaction between two business firms, we are unable to take further action.

    It is our understanding however, that the BBB attempts to assist in circumstances such as this…, blah, blah, blah…, (get a private attorney and do it yourself – my abbreviation).

    So.

    Back to square one.

    Not only is PublishAmerica getting away with false advertising, but any complaints are going into the “File” of death.

    If anyone has had any success stories, could you PLEASE post them for the rest of us that need some hope of regaining some measure of dignity from these thieves?

  • Penelope Nicholas

    I have been with Publish America for two years now and I have received about $2.00 in all that time. When my book came out many and I mean many bought my book. Relatives friends and neighbors. All I get from them is emails trying to sell my book to ME! It’s as though they were given the product for their use only. From what I can see my book went to foreign countries. I even gave them my thoughts about the cover and they used it. for “Cha-Ching A Medical Nightmare” I feel my book has made money and I do feel I didn’t get any of it. I am totally sorry I ever gave them my book to publish. Please add my name.

  • Jeannie Murnette Smith

    Like so many others, I fell for pa’s line before checking them out. I did get out of my contracy by harassing them and refusing to promote my book, White Lightning & The Angel’. My royalty ckeck, $11.25 I still have as a reminder to look before I leap. I had a lot of trouble with their mistakes, which they always laid at my door, and they are still selling my book. I wish a hacker could get into their records and find out how many books they have really sold. A lawyer would love it!
    If anyone gets a lawsuit going, count me in.
    J.M.S.

  • Garry Lewis

    I signed with PA and regret it. I submitted a edited corrected manuscript to have published by them. When I recieved the proofs to look over I couldn’t believe my eye’s, the typeo’s and sentences that had been thrown in by their spell check capitol letters where lower case letters had been replaced that shouldn’t have been, so many mistakes when I emailed them and complained they told me to resubmitt edited version which I did, I haven’t been able to get a reply from them sence. The author support is a joke all they do is try to get you to purchase copies of your book early, this after I told them they’d screwed up my manuscript and I was not buying or promoting anything till they corrected the proofs and got it right. Now they just refuse to answer my emails at all. I asked if they’d recieved the new edited manuscript I resubmitted. They won’t replie, when I email text production I get no replie when I email their other departments they keep referring me to author support which is no help at all. So authors beware donot sign with them for God sakes! You’ll regret it if you do. My books dead in the water, but I told them I would do no book signings, no promoting, no purchasing of any kind till they make it right or give me back my book rights and cancel the contract. If they print it in the format it’s in without my permission they won’t make a dime from me promoting it I can assure them of that.

  • Raymond Taylor

    Yes I would love to be part of a class action lawsuit against Publish America I too am a victim of this on holy book publisher. Can you or someone email me back as to tell me how to get involved with this class action suit? I wrote one book with them and haven’t received one dime!!!!

  • Patricia

    I too would be interested in a class action lawsuit against PA!!!!
    cokerocksusa@yahoo.com

  • Patricia

    I’ve been trying for over six months to get royalty statements from them and they have yet to send one. After three requests to get out of my contract they offered to let me out of it if I’d purchase 50 of my books at 40% off…LMAO…yeah, like I’m really going to do that. So I’m with anyone else who wants to take them in a class action lawsuit. My email address in the previous post.

  • Rick Carlson

    I tried to buy some of my own books and a woman who identified herself as Hanna told me to get off the phone and she would only deal with me by e-mail. She also tried to cancel a check I had been sent months earlier. They will not respond to my e-mails and hang up on me when I call. I am confused and angry but don’t know what to do about it. I would love to file a complaint but no one will take it. I think Ha nna runs everything. I would also love to help in any way to work on this problem.

  • Rick Carlson

    I was contacted by the consumer affairs department and told that it is a business to business complaint and they have no jurisdiction. What if we all got together and contacted an attorney who could compose a letter to them .. Publish America and several Authors signed it.?

  • Gayle Pruitt

    On November the 22nd I ordered 19 books plus I was to receive 5 hardback books free. I paid my money was told that the books would be shipped in 2-5 days. As of today January the 7th 2010 I have not received the books nor received any communications from PA. I have called and emailed almost daily and still no communication. This has been a nightmare from the first. Funny, I had a book signing for this Sunday and no books. It would seem that PA would like to sell more books. I will go along with Rick I will sign.

  • Kings

    My is an inspirational true story. I know I have the copyright, even thought they have the publishing right. I have decided they would not kill my story with all their lies and tricks and fraud. I am going to make changes in my book, change the title and self publish it. I don’t care what happens when they find out. I am willing to go to court with them. I have asked them to release me from their contract.

  • Kings

    Mine is an inspirational true story. I know I have the copyright, even thought they have the publishing right. I have decided they would not kill my story with all their lies and tricks and fraud. I am going to make changes in my book, change the title and self publish it. It is a true life story and I have that right to write on the same topic if it is non-fiction. And that’s what mine is. I might be guilty of self-plagiarism, not a breach. I don’t care what happens when they find out. I am willing to go to court with them. I have asked them to release me from their contract. It doesn’t matter if they do or not, but I won’t let them kill my story. And I won’t go down without a bang. I will make sure they feel my punch. I have notified them that henceforth, I would neither promote the book nor sale it and I mean it. Luckily mine is still in the first few months. I intentionally refused to advertise it well until I see the quality of their work. I stopped talking about it the moment I saw the mistakes they made with the editing. Funny how they will tell your book is with an editor for proof-reading. There is nothing like that. Nobody even does. They only add tons and tons of mistakes to ones work just so they can ask you to pay to fix them. Has anyone considered, in the case of nonfiction, changing the title and some pages and self-publish their work, even with a different name? There has to be a way to outsmart these guys.

  • Kings

    I have a question for all you folks out there. When I approached PA for publications and gave them the title of my work and later they sent me their contract, they used the titled I had furnished them to draw up the contract. That was what I signed. Later, a friend suggested a more appropriate name for the book, I emailed them and asked for a change of title. After a day, they emailed me to say they have agreed and have changed the name of the book accordingly. Now, listen to this. They did not send me a new contract to sign on the new title I had furnished them with or ask me to initial the change of the title. They used the new title to publish the mess they now call my book, although I did furnish them a manuscript for the old title. Technically, I think I have no binding contract with PA with what they have published because I didn’t sign a contract with them for this new title. What is your take on this as I want to now republish my work with a better title and save myself from PA’s greed. Thanks for all your help.

  • Rick Carlson

    We have to find a way to get together and address this problem. Is there a way we can get together and compile all this information. If we had the information such as Gayle is providing we could present our case to the fraud investigators and maybe get some action or even get an attorney to help us with a class action lawsuit. This company is out of hand and we all need help to stop them.

  • Rick Carlson

    If you have an idea of how we can form a group and a web site or something like that. Lets do it.

  • Kings

    First we can start a facebook group with a nice title. Second, one of us is gathering questionnaires she is going to hand over to the FBI so they can stop PA once and for all. Her email address is ampbreia@live.com. Send her an email and she will send you a questionnaire. We need at least a hundred people. We can do it guys. Luckily, I outsmarted PA. When I signed my contract with them, it was under a different title. Shortly after signing the contract, I emailed and suggested to them that I wanted the book title changed. A few hours later, they wrote me back to tell me that they had changed the title successfully, but they never sent me another contract under the new title to sign or to initial. Last weekend, a law professor told me that because PA failed to do any of those that my contract with them is null and void. My biggest problem is to get them to stop publishing and selling a book they did not have a right over in the first place. Please, everyone send an email to one of us using the email address I have given you and we can take it from there. What do you think about the facebook thing I suggested?

  • Luis T. Puig

    Publish America also took me, they published my book after endless back and forth text and formatting errors they made on my manuscript, and they never did a grammar or spell check. Later as I received my first order I was shocked to see that they had not look at it and done any spelling or grammar checks. I tried to have them fix the errors, but they did not, I took them to the Better Business Bureau but BBB did very little, just send e-mails back and forth between them and me. Now I am think of thinking them to court, since I found and interview Publish America Executive Officer Ms Miranda Prather gave to Steven Zeitchik from Publishers Weekly, her words where that they DO checks for (and I quote) “for grammar and spelling.” So I think I have ammunition to take them to court on that one, since a statement from an executive officer of a company makes them liable I think in the eyes of the law. Also they charged my $100 to have my cover design in my book a fee, that is nowhere in the contract, so I think I can take them to court on breach of contract on that one too.

    What say you guys?

  • kings

    If they charged you only a hundred dollars, Luis, you’re lucky. They took over fifteen hundred from me before I wizened up. And that was to fix errors they made in my work. But thank goodness, I outsmarted them. Things happened for a reason. When I signed my contract with them, I used a different title. Two weeks later, I told them I wanted the title changed to something else. Two days later, they emailed me to say they had changed the title of my book, but they never sent me another contract in the new title to sign or send me back the original contract to initial. And law professors have told me that since they didn’t do any of that, that renders my contract with them null and void. So, now I am looking for another publisher for my book. But they are still selling my book and pocketing the money. I am currently talking to my lawyers. I hope you can get them to get you out of the contract. Goodluck.

  • Chrissy

    I am as well a victim to publish America and their scams. I signed a contract with them 8/19/08 and was more then excited. For months they emailed me over and over again about my “final draft” although I tried as best as I could to edit my novel “scarred impressions”; being the writer I still overlooked many errors. I battled with them for months on whether or not I should change the names of my characters as to my novel is based on my life. In the end, I grew more and more angry and finally I stopped e-mailing them back. I received an e-mail four months later asking me if I had the final draft and at this point I just sent it to them. For months after I heard nothing; nothing was e-mailed to me regarding my novel and I heard nothing about the production until one day the text department e-mailed me. They asked me to review the manuscript and let them know if there are any errors that needed to be changed. Of course, as everyone can imagine, there was an error every other word. Stupid errors like “my” instead of “me” or “past” instead of “passed”; the list went on and so I fixed the errors and e-mailed the manuscript back. They returned with an e-mail stating it was too late to re-enter a new manuscript but I could write a detailed list (which was bogus) telling them what page and what line the error was on and what I wanted to change it to. For two days I re-read the manuscript until I have over 500 errors. I typed the list up and re-emailed it to them only to find out they couldn’t do anything about it unless I wanted to pay one hundred dollars. Needless to say, I told them I refused to pay for them to do the job they were hired to do in the first place. After the novel was “released” (as they put it of course), my family and friends all bought a copy within a few days after the release. The book was released on October 09 and I received an e-mail telling me I would receive my “two author copies” within a few days. It is now February and I have not seen one single copy. Since then I sent an email out in December and January asking about these phantom “author copies” and also notify them I DID not wish to renew my contract after seven years. The only statement I have heard back is them stating my books are in the mail. I am so ashamed for this published book, I am embarrassed to even mention the book has come out. Please count me in! I have kept all my e-mails and contract where I believe they have breached which gives me the right to seek legal aide. I do wish to be apart of this class action lawsuit. I have responded to Debra Kamza’s list of questions.

    Chrissy cunninghamchrissy@ymail.com